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FILE 07-3293 <br />June 18, 2007 <br />Page 2 of 5 <br />(2) The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. <br />(3) The variance, if granted, will not alter the essential character of the locality. <br />( 4) Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of this chapter. <br />(5) Undue hardship also includes but is not limited to inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br />construction as defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with this <br />chapter. <br />(6) The board or the council may not permit as a variance any use that is not <br />permitted under this chapter for property in the zone where the affected person's land <br />is located. <br />(7) The board or council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. <br />(8) The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property. <br />(9) The conditions do not apply generally to other land or structures in the district in <br />which the land is located. <br />(10) The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />(11) The granting of the proposed variance will not in any way impair health, safety, <br />comfort or morals, or in any other respect be contrary to the intent of this chapter. <br />(12) The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty. <br />List of Exhibits <br />A. Application <br />B. Hardship Documentation Form <br />C. Submitted Hardcover Calculations <br />D. Existing Plat Map <br />E. Proposed Plat Map <br />F. Site Plan <br />G. Proposed house elevations <br />H. Property Owners List <br />Background <br />This lot is being created by a plat that is a rep lat of two lots and a street. Bracketts Point <br />Road will be shifted away from the lakeshore. The other lot in the plat is divided by the new <br />road into a .53 acre parcel and a 1.47 acre parcel. The .53 acre parcel will become an outlot <br />jointly owned by neighboring properties and used for a tennis court. This lot will be smaller <br />than the current lot because land has to be added to the other lot in the new plat to create a <br />two acre lot.